AFS

- 12

- 113

- E May 2, 2013

Exemption No. 7687 G Regulatory Docket No. FAA

- 200 1

- 9501

Maj. Kendall D. Gillespie Department of the Air Force HQ AFFSA/A3OF

6500 South MacArthur (AJW31AF) Oklahoma City, OK 73169

Dear Maj. Gillespie :

This letter is to inform you that we have granted your petition to amend Exemption No. 7687. It expl ains the basis for our decision, describes its effect, and lists the revised conditions and

limit ations.

The Basis for Our Decision

By letter dated November 27 , 2012 , you petitioned the Federal Aviation Administration (FAA) on behalf of United States Department of the Air Force (USAF) for an amendment to Exemption No. 7687. That exemption from § 91. 209(a)(1) and (b) of Title 14, Code of Federal Regulations allows the USAF to conduct night

- vision goggle (NVG) flight training operations at and above 18,000 feet mean sea level (MSL) in various aircraft without lighted position lights

.

In your petition, you indicate d there has been no change in the conditions and reasons relative to public interest and safety that were the basis for granting the original exemption. The FAA granted the petition for extension ( Exemption No. 7687F) by letter dated October 1 2, 2012.

Major Alex Krause, USAF, Chief, Flight Standards Division

, stated that the limitation prohibiting lights

- out operations when formation flights exceed “the limits of a standard

formation” make s Exemption No. 7687F unusable for USAF operations . The FAA agrees and has amended the conditions and limitations, as requested

.2

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register because the requested amendment of the exemption would not set a precedent, and any delay in acting on this petition would be detrimental to USAF

.

Our Decision

T he FAA has revised Condition No. 5 and added Condition Nos. 7 and 8 . The revised

con ditions and limitations address use of this exemption during formation f lights, which was not considered during your original petition. These revisions are necessary to ensure that separation from non

- participating aircraft is maintained during NVG training operations. Additionally, a limitation was added because there was n o request of relief to operate under this exemption outside of the United States.

The FAA has determined that the justification for the issuance of Exemption No. 7687, as amended, remains valid with respect to this exemption and is in the public inter est. Therefore, under the authority provided by 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegate d to me, I grant your petition, subject to the conditions and limitations below.

Conditions and Limitations

1. This exemption is limited to N VG flight training in USAF aircraft and to other military services aircraft participating in approved joint air operations.

2. Aircrews performing lights

- out training under this exemption must alter course, as appropriate, and remain well clear of nonparticip ant traffic until such traffic is no longer a factor

.
3. Lights

- out training operations must be conducted at and above 18,000 feet MSL ( flight

level 180), and remain in Class A airspace.

4. Procedures for lights

- out training operations conducted under this exemp tion must be

contained within a Letter of Agreement (LOA) between the USAF units performing the training and the (Air Traffic Control) ATC facility responsible for the airspace in which the lights

- out training operations are to be conducted.

5. The LOA develop ed for the high

- altitude airborne operations at and above 18,000 feet

MSL must include as a minimum:

a. A simply defined description of the area in which lights

- out training operations are to be conducted. For example, define d operational radius from a point or a named area or location or defined geographical boundaries.

b. Procedures for the immediate termination of lights

- out operations in the event

of:

i. Conflictin g traffic ;

ii. A participating light s

- out aircraft spills out of the designated airspace ;3

iii. Loss of comm unications (i.e.

, aircraft or ATC control facility radio equipment outage ) ;

iv. Loss of positive control (lost radar contact because of aircraft or ATC facility equipment outage) ; and

v. For formation flight s: exceeding the limits of a standard formation ( as def ined in the FAA Pilot/Controller Glossary ), except operations conducted in accordance with an approved LOA with the ATC facility responsible for the airspace in which the operations will be conducted

.

c. The type of aircraft and/or USAF unit to be conducting lights

- out training operations.

6. Each pilot who participates in operations conducted under this exemption must be thoroughly familiar with its provisions

.

7. This exemption is not valid for formation flights when operating in a nonstandard

formation

, unless co nducted in accordance with an approved LOA

.

8. This exemption is not valid for operations outside of the United States.

The Effect of Our Decision

Our decision amends the condititions and limitations of Exemption No. 7687

. The

termination date of November 3 0, 201 5

, remains unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Deputy Director, Flight Standards

Service